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Consumer Bankruptcy Law and Practice: Form 176 Motion for Appointment of Committee of Tenants
Motion for Appointment of a Committee of Tenants
The Motion of [tenant] of [building] at [address], and other tenants of [building], whose names and addresses appear on Exhibit “A” hereto [omitted], respectfully represents:
1. The Debtor is a corporation which owns [building].
Consumer Bankruptcy Law and Practice: Form 177 Expedited Motion for Appointment of Committee of Consumer Creditors
Expedited Motion for Appointment of Committee of Consumer Creditors
Movant, by her attorneys, hereby requests that the Court order the appointment of a committee of consumer creditors on the following grounds:
1. Movant is a creditor of the Debtor.
2. Movant’s claim arises from her prepetition payment of $1150 to the Debtor for home furniture which was never delivered.
Consumer Bankruptcy Law and Practice: Form 178 Statement of Attorney Pursuant to Rule 2019
Statement of Attorney for Tenants Pursuant to Rule 2019
[Attorney for tenants], as attorney for tenants of the above-named Debtors, makes the following statement pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure:
Consumer Bankruptcy Law and Practice: Form 179 Objection to Chapter 11 Disclosure Statement
Objections of the Official Committee of Consumer Creditors to Debtor’s Disclosure Statement
The Official Committee of Consumer Creditors, by its attorneys, hereby objects to the disclosure statement filed by the Debtor in this case on the following grounds:
Consumer Bankruptcy Law and Practice: Form 180 Objection to Confirmation of Chapter 11 Plan
The Official Committee of Consumer Creditors’ Objections to Confirmation of the Debtor’s Proposed Chapter 11 Plan
The Official Committee of Consumer Creditors, by its attorney, hereby objects to the chapter 11 plan proposed by the Debtor. The bases for the objections are as follows:
Consumer Bankruptcy Law and Practice: Form 181 Complaint Seeking Subordination of Secured Creditor’s Claims
Complaint
Consumer Bankruptcy Law and Practice: Form 182 Chapter 12 Plan
Chapter 12 Plan
COMES NOW the debtor and debtor-in-possession [debtor], by and through [attorney for debtor], and submits the following chapter 12 plan of reorganization in satisfaction of all claims.
1. On [filing date] (Filing Date), [debtor] filed a Petition under chapter 12 of the United States Bankruptcy Code, 11 U.S.C. §§ 1201–1231 (Code).
Unfair and Deceptive Acts and Practices: 13.2.6.3 Scope Issues
State attorneys general and state regulators may enforce the UDAAP standard or a UDAAP rule against any “covered person”86 as long as the entity that is “State-chartered, incorporated, licensed, or otherwise authorized to do business under State law.”87 The state attorney general—but not a state regulator—can also sue a national bank or federal savings association, but only if it violates a CFPB-issued UDAAP rule.
Unfair and Deceptive Acts and Practices: 13.3.1 Introduction; State’s Authority to Use Compulsory Process
State agencies enforcing the UDAP statute generally have authority to use compulsory process in an investigation prior to filing a complaint. Although state terminology differs, the two types of process are a civil investigation demand (CID) and a subpoena. In many states, the state agency can issue a CID administratively, without applying to a court.94
Unfair and Deceptive Acts and Practices: 13.3.3 Standards of Review for Compulsory Process
The fundamental standards courts utilize in determining the propriety of a civil investigation demand or subpoena are whether “the inquiry is within the authority of the agency, the demand is not too indefinite, and the information sought is reasonably relevant.”103 These standards, articulated by the Supreme Court under the Fourth Amendment’s prohibition of unreasonable searches and seizures,104 should be construed liberally in favor of the government because of the remedial purposes of UDAP le
Unfair and Deceptive Acts and Practices: 13.3.4.1 Due Process
Courts consistently uphold subpoenas and CIDs against due process challenges.139 Procedural due process is satisfied where there is specific notice of documents to be produced and a meaningful opportunity to be heard.140 Court review of the state’s subpoena is sufficient protection against unconstitutional searches.141 While a subpoena ordering production of records “forthwith” without sufficient opportunity to consult counsel may deny the responde
Unfair and Deceptive Acts and Practices: 13.3.4.2 Self-Incrimination
A respondent’s constitutional protection against self-incrimination is a legitimate ground for resisting a subpoena in some circumstances. However, to invoke the Fifth Amendment the defendant cannot simply refuse to respond to the subpoena, but must appear and then object to specific document requests.146
Unfair and Deceptive Acts and Practices: 13.3.4.3 Unreasonable Search and Seizure
Respondents may try to quash a subpoena by raising the Constitution’s protection against unreasonable search and seizure.
Unfair and Deceptive Acts and Practices: 13.3.4.4 The First Amendment
Only in rare cases will First Amendment issues be a problem when a state seeks information pursuant to its authority under the UDAP statute.
Unfair and Deceptive Acts and Practices: 13.3.5.1 Reasonable or Probable Cause
In a number of states, enforcement officials must have “reasonable cause” or “probable cause” to believe the UDAP statute has been violated before they can issue a CID or subpoena.
As a general rule, the state need not have reasonable or probable cause unless there is an express requirement in the authorizing statute.165 Nevertheless, some state courts do read a reasonable cause requirement into the UDAP legislation.166
Unfair and Deceptive Acts and Practices: 13.3.5.2 Other Preconditions
The UDAP statute may require other conditions to be met for the issuance of a CID or subpoena.
Unfair and Deceptive Acts and Practices: 13.3.6 Defects on the Face of a Subpoena
State enforcement officials should be careful in drafting CIDs and subpoenas to make sure that the compulsory process fulfills all statutory requirements. Litigious respondents will scrutinize the process hoping to find a technical defect. While it is good practice not to give respondents grounds for objecting to the form of the subpoena, courts will usually enforce compulsory process even if there are complaints as to form.
Unfair and Deceptive Acts and Practices: 13.3.7.1 Is Information Protected?
Particularly when the state seeks to obtain a company’s customer lists or sensitive financial information, the company may seek to quash the process on the basis of confidentiality or trade secrets.
Unfair and Deceptive Acts and Practices: 13.3.7.2 Attorney General Approaches to Dealing with Confidentiality Claims
One method of dealing with a respondent that argues that requested data is a trade secret or confidential is to require production of all documents, but allow the respondent to indicate which specific portions are confidential, with the state giving notice to the respondent before making that specific information public.
Unfair and Deceptive Acts and Practices: 13.3.8 Obtaining Information from Lawyers and Parties Who May Be Exempt
A civil investigative demand or subpoena directed to an attorney raises special issues. An Oregon court required an attorney to produce a client list over objections based on the attorney-client privilege.216 The court also required the attorney to produce documents that the clients had provided them through a non-lawyer third party.
Unfair and Deceptive Acts and Practices: 13.3.9 Different Forms of Discovery Distinguished
State enforcement officials must be careful to keep in mind the requirements and limitations of the particular type of discovery they are using. Each discovery technique, even though closely resembling another investigatory method, will have its own rules and requirements.